REPORT TITLE:
Kindergarten; Pre-kindergarten


DESCRIPTION:
Lowers the compulsory education age from 6 years to 5 years,
making attendance in kindergarten mandatory.  Requires the BOE to
organize and conduct a program of public pre-kindergarten
education to the extent that federal funds are, or from time to
time may become, available.  Appropriates funds.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.626        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1                              Part 1
 
 2      SECTION 1.  Section 302A-410, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (a) to read as follows:
 
 4      "(a)  The department plan for quality early education shall
 
 5 focus on children from ages [four up to six] three to five
 
 6 years."
 
 7      SECTION 2.  Section 302A-411, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "(a)  The department shall establish and maintain
 
10 kindergartens with a program of instruction as a part of the
 
11 public school system[; provided that attendance shall not be
 
12 mandatory].  No child shall attend any kindergarten unless the
 
13 child will be at least five years of age [on or] before
 
14 [December 31] January 1 of the school year; provided that [a]:
 
15      (1)  A child attending a school that convenes after the
 
16           regular school schedule shall be five years of age [on
 
17           or] before one hundred [twenty-five] twenty-six days
 
18           following the date the school convenes; and [provided
 
19           further that the]
 

 
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 1      (2)  The board shall develop informational guidance to
 
 2           promote the understanding of a child's readiness for
 
 3           kindergarten."
 
 4      SECTION 3.  Section 302A-1128, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  The department shall have entire charge and control
 
 7 and be responsible for the conduct of all affairs pertaining to
 
 8 public instruction.  The department may establish and maintain
 
 9 schools for secular instruction at such places and for such terms
 
10 as in its discretion it may deem advisable and the funds at its
 
11 disposal may permit.  The schools may include high schools,
 
12 kindergarten schools, schools or classes for [pregrade] pre-
 
13 kindergarten education, boarding schools, and evening and day
 
14 schools.  The department may also maintain classes for technical
 
15 and other instruction in any school where there may not be pupils
 
16 sufficient in number to justify the establishment of separate
 
17 schools for these purposes."
 
18      SECTION 4.  Section 302A-1131, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]§302A-1131[]]  Public schools; attendance.(a)  Except
 
21 as authorized by section 302A-411, and except with respect to
 
22 schools or classes for pre-kindergarten education, no child shall
 
23 attend any public school unless the child will be at least [six]
 

 
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 1 five years of age before January 1 of the school year; provided
 
 2 that:
 
 3      (1)  A child attending a school that convenes after the
 
 4           regular school schedule shall be [six] five years of
 
 5           age [on or] before one hundred [twenty-five] twenty-six
 
 6           days following the date the school [shall convene;]
 
 7           convenes; and
 
 8      (2)  The department may establish procedures and criteria to
 
 9           determine the psychological and physiological readiness
 
10           of children for public school and may grant an
 
11           exception in the case of a child who is found to be
 
12           ready.
 
13      (b)  All teachers who teach in kindergarten and in the first
 
14 and second grades, and all principals of public schools shall
 
15 enforce this section and require proof of age by birth
 
16 certificates or certificates of registration, or if none can be
 
17 obtained, then by satisfactory evidence."
 
18      SECTION 5.  Section 302A-1132, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  Unless excluded from school or excepted from
 
21 attendance, all children who will have arrived at the age of at
 
22 least [six] five years, and who will not have arrived at the age
 
23 of eighteen years, [by] before January 1 of any school year,
 

 
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 1 shall attend either a public or private school for, and during,
 
 2 the school year, and any parent, guardian, or other person having
 
 3 the responsibility for, or care of, a child whose attendance at
 
 4 school is obligatory shall send the child to either a public or
 
 5 private school.  Attendance at a public or private school shall
 
 6 not be compulsory in the following cases:
 
 7      (1)  Where the child is physically or mentally unable to
 
 8           attend school (deafness and blindness excepted), of
 
 9           which fact the certificate of a duly licensed physician
 
10           shall be sufficient evidence;
 
11      (2)  Where the child, who has reached the fifteenth
 
12           anniversary of birth, is suitably employed and has been
 
13           excused from school attendance by the superintendent or
 
14           the superintendent's authorized representative, or by a
 
15           family court judge;
 
16      (3)  Where, upon investigation by the family court, it has
 
17           been shown that for any other reason the child may
 
18           properly remain away from school;
 
19      (4)  Where the child has graduated from high school;
 
20      (5)  Where the child is enrolled in an appropriate
 
21           alternative educational program as approved by the
 
22           superintendent or the superintendent's authorized
 
23           representative in accordance with the plans and
 

 
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 1           policies of the department, or notification of intent
 
 2           to home school has been submitted to the principal of
 
 3           the public school that the child would otherwise be
 
 4           required to attend in accordance with department rules
 
 5           adopted to achieve this result; or
 
 6      (6)  Where:
 
 7           (A)  The child has attained the age of sixteen years;
 
 8           (B)  The principal has determined that:
 
 9                (i)  The child has engaged in behavior [which]
 
10                     that is disruptive to other students,
 
11                     teachers, or staff; or
 
12               (ii)  The child's non-attendance is chronic and has
 
13                     become a significant factor that hinders the
 
14                     child's learning; and
 
15           (C)  The principal of the child's school, and the
 
16                child's teacher or counselor, in consultation with
 
17                the child and the child's parent, guardian, or
 
18                other adult having legal responsibility for or
 
19                care of the child, develops an alternative
 
20                educational plan for the child.  The alternative
 
21                educational plan shall include a process that
 
22                shall permit the child to resume school.
 
23           The principal of the child's school shall file the
 

 
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 1           alternative educational plan made pursuant to
 
 2           subparagraph (C) with the child's school record.  If
 
 3           the adult having legal responsibility for or care of
 
 4           the child disagrees with the alternative educational
 
 5           plan, then the adult shall be responsible for obtaining
 
 6           appropriate educational services for the child."
 
 7      SECTION 6.  Section 302A-1401, Hawaii Revised Statutes, is
 
 8 amended as follows:
 
 9      1.  By amending its title to read:
 
10      "[[]§302A-1401[]]  Administration and use of federal funds[,
 
11 including pregrade education]."
 
12      2.  By amending subsection (b) to read:
 
13      "(b)  The board shall organize and conduct a program of
 
14 public [pregrade] pre-kindergarten education to the extent that
 
15 funds provided therefor by the United States government are, or
 
16 from time to time may become, available.  In establishing and
 
17 carrying on the [pregrade] pre-kindergarten education, any such
 
18 federal funds shall be expended during any school year as nearly
 
19 as practicable in each of the school supervisory districts of the
 
20 State in the proportion that the number of inhabitants of each
 
21 district of less than [six] five years of age bears to the total
 
22 number of the inhabitants of the entire State within the age
 
23 limits, as shown by the latest report of the department of health
 

 
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 1 preceding the opening of the school year."
 
 2      SECTION 7.  There is appropriated out of the general
 
 3 revenues of the State of Hawaii the sum of $        , or so much
 
 4 thereof as may be necessary for fiscal year 1999-2000, and the
 
 5 sum of $        , or so much thereof as may be necessary for
 
 6 fiscal year 2000-2001, to lower the compulsory education age from
 
 7 six years to five years.
 
 8      SECTION 8.  The sums appropriated shall be expended by the
 
 9 department of education for the purposes of this Act.
 
10                              Part 2
 
11      SECTION 9.  Section 237D-3, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§237D-3 Exemptions.  This chapter shall not apply to:
 
14      (1)  Health care facilities including all such facilities
 
15           enumerated in section 321-11(10).
 
16      (2)  School dormitories of a public or private educational
 
17           institution providing education in grades
 
18           [kindergarten] pre-kindergarten through twelve, or of
 
19           any institution of higher education.
 
20      (3)  Lodging provided by nonprofit corporations or
 
21           associations for religious, charitable, or educational
 
22           purposes; provided that this exemption shall apply only
 
23           to the activities of the religious, charitable, or
 

 
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 1           educational corporation or association as such and not
 
 2           to any rental or gross rental the primary purpose of
 
 3           which is to produce income even if the income is used
 
 4           for or in furtherance of the exempt activities of such
 
 5           religious, charitable, or educational corporation or
 
 6           association.
 
 7      (4)  Living accommodations for persons in the military on
 
 8           permanent duty assignment to Hawaii, including the
 
 9           furnishing of transient accommodations to those
 
10           military personnel who receive temporary lodging
 
11           allowances while seeking accommodations in Hawaii or
 
12           while awaiting reassignment to new duty stations
 
13           outside the State.
 
14      (5)  Low-income renters receiving rental subsistence from
 
15           the state or federal governments and whose rental
 
16           periods are for durations shorter than sixty days.
 
17      (6)  Operators of transient accommodations who furnish
 
18           accommodations to full-time students enrolled in an
 
19           institution offering post-secondary education.  The
 
20           director of taxation shall determine what shall be
 
21           deemed acceptable proof of full-time enrollment.  This
 
22           exemption shall also apply to operators who furnish
 
23           transient accommodations to students during summer
 

 
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 1           employment.
 
 2      (7)  Accommodations furnished without charge such as, but
 
 3           not limited to, complimentary accommodations,
 
 4           accommodations furnished to contract personnel such as
 
 5           physicians, golf or tennis professionals, swimming and
 
 6           dancing instructors, and other personnel to whom no
 
 7           salary is paid or to employees who receive room and
 
 8           board as part of their salary or compensation."
 
 9      SECTION 10.  Section 302A-406, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a)  The department may provide suitable transportation to
 
12 and from school and for educational field trips for all children
 
13 in grades [kindergarten] pre-kindergarten to twelve and in
 
14 special education classes.  The department shall adopt such
 
15 policy, procedure, and program as it deems necessary to provide
 
16 suitable transportation.  In formulating the policy, procedure,
 
17 and program, the department shall consider the school district;
 
18 the school attendance area in which a school child normally
 
19 resides; the distance the school child lives from the school; the
 
20 availability of public carriers or other means of transportation;
 
21 the frequency, regularity, and availability of public
 
22 transportation; and the grade level, physical handicap, or
 
23 special learning disability of a school child, and it may also
 

 
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 1 consider such conditions and circumstances unique or peculiar to
 
 2 a county or area."
 
 3      SECTION 11.  Section 302A-417, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  The department may establish and administer a traffic
 
 6 safety education program to be conducted at each public school
 
 7 for students from grades [kindergarten] pre-kindergarten through
 
 8 twelve."
 
 9      SECTION 12.  Section 302A-640, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a)  Schools with only one class for each grade level in
 
12 [kindergarten] pre-kindergarten through grade six shall be exempt
 
13 from the average statewide class size ratio that may be
 
14 established under any collective bargaining agreement between the
 
15 teacher's exclusive bargaining representative and the department.
 
16 These schools shall maintain a minimum staffing level of not less
 
17 than one full-time equivalent teacher position per grade level
 
18 per school, for [kindergarten] pre-kindergarten to grade six.
 
19 This subsection shall not apply to a school with fewer than
 
20 twelve students in any one grade level."
 
21      SECTION 13.  Section 302A-901, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]§302A-901[]]  Specific definitions.  For the purposes of
 

 
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 1 sections 302A-1154 to 302A-1163, "school" means any day care
 
 2 center, child care facility, headstart program, preschool, pre-
 
 3 kindergarten, kindergarten, elementary, or secondary school,
 
 4 public or private, including any special school for children in
 
 5 the State."
 
 6      SECTION 14.  Section 321-241, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]§321-241  Purpose; establishment of program.[]]  The
 
 9 purpose of this part is to establish a statewide school health
 
10 services program.  There shall be within the department of health
 
11 a permanent comprehensive school health services program for
 
12 grades [kindergarten] pre-kindergarten through twelve in all the
 
13 public schools of this State.  It is in the general welfare of
 
14 the State to protect, preserve, care for, and improve the
 
15 physical and mental health of Hawaii's children by making
 
16 available at the public schools first aid and emergency care,
 
17 preventive health care, health appraisals and follow-ups, and
 
18 health room facilities."
 
19      SECTION 15.  Section 346-152, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  Nothing in this part shall be construed to include:
 
22      (1)  A person caring for children related to the caregiver
 
23           by blood, marriage, or adoption;
 

 
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 1      (2)  A person, group of persons, or facility caring for a
 
 2           child less than six hours a week;
 
 3      (3)  A pre-kindergarten, kindergarten, school, or program
 
 4           licensed by the department of education;
 
 5      (4)  A program that provides exclusively for a specialized
 
 6           training or skill development for children, including,
 
 7           but not limited to, programs providing such activities
 
 8           as athletic sports, foreign language, the Hawaiian
 
 9           language, dance, drama, music, or martial arts;
 
10      (5)  A multiservice organization or community association,
 
11           duly incorporated under the laws of the State, which
 
12           operates for the purpose of promoting recreation,
 
13           health, safety, or social group functions for eligible
 
14           pupils in public and private schools through seventeen
 
15           years of age;
 
16      (6)  Programs for children four years of age and older,
 
17           which operate for no more than two consecutive calendar
 
18           weeks in a three-month period;
 
19      (7)  A provider agency operating or managing a homeless
 
20           facility, or any other program for homeless persons
 
21           authorized under part IV of chapter 201G;
 
22      (8)  After-school, weekend, and summer recess programs
 
23           conducted by the department of education pursuant to
 

 
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 1           section 302A-408;
 
 2      (9)  Child care programs for children five years of age and
 
 3           older conducted by counties pursuant to section
 
 4           302A-408; provided that each county [adopt] adopts
 
 5           rules for their programs; and
 
 6     (10)  Any person who enters a home in a child caring capacity
 
 7           and only cares for children who are of that household."
 
 8                              Part 3
 
 9      SECTION 16.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 17.  This Act shall take effect upon on July 1,
 
12 2000, except that sections 7 and 8 shall take effect on July 1,
 
13 1999.
 
14 
 
15                           INTRODUCED BY:_________________________